Indian Action for Wrongful Appropriation of Lands, and Bankruptcy and Tax Matters - U.S. Second Circuit
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Indian Action for Wrongful Appropriation of Lands, and Bankruptcy and Tax Matters

Oneida Indian Nation v. Cty. of Oneida, No. 07-2430, involved an action by the Oneida Indian Nation claiming that the State of New York wrongfully appropriated its lands.  The court affirmed in part partial summary judgment for defendants, holding that was controlling, and thus all claims dependent on the assertion of a current possessory interest in the subject lands were barred by equitable defenses.  However, the court reversed in part on the grounds that 1) plaintiffs' purportedly nonpossessory claim was also barred, both by New York's sovereign immunity and by the equitable principles applied in Cayuga; and 2) on the same basis, the alternative nonpossessory claim articulated on appeal by the plaintiffs, premised on a violation of the Nonintercourse Act, was also barred.

Community Bank, N.A. v. Riffle, No. 08-4440, concerned a creditor's appeal from the bankruptcy court's denial of the creditor's motion to, inter alia, confirm the automatic dismissal of debtors' case.  The court affirmed on the ground that, because debtors provided information reflecting "payment received" from debtor's employer in the 60 days prior to the petition, they satisfied the requirements of 11 U.S.C. section 521(a)(1)(B)(iv).

Estate of Stewart v. Comm'r. of Int'l. Rev., No. 07-5370, involved an estate administrator's appeal from a judgment of the United States Tax Court holding that a 49% interest in a five-story New York house was includible in the gross estate pursuant to 26 U.S.C. section 2036, and finding a $398,857.00 estate tax deficiency for the year 2000.  The court vacated on the ground that the Tax Court clearly erred in finding that the terms of an implied agreement provided that decedent would retain enjoyment of the entire 49% share, and that the entire property should remain in the estate.

In Idea Nuova, Inc. v. GM Licensing Group, Inc., No. 09-3652, the court affirmed the dismissal of plaintiff's complaint to vacate an arbitral award in favor of defendant, holding that, by agreeing to submit disputes "to AAA arbitration for resolution," the parties incorporated the American Arbitration Association Commercial Arbitration Rules into their agreement, including Rule 48(c), providing for judicial confirmation of arbitral awards.

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